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I was on h1b visa and my last day of employment was 7th jan 2013. Today till 24th, i have got two job offers. one from consultant and one full time from direct employer. Today both of them applied for LCA (on 24th jan) and tends to apply H1 transfer (and h4 ext) in next week after LCA approval.
my questions:

1. what will be preferable? whether to apply h1 transfer normal or with premium?

**2. I heard from the company HR that if h1b is applied AFTER 10 days BUT WITHIN 30 days of unemployment, then basically even after successful h1 transfer, I might NOT get I94 which is attached below I 797. Is this true and does it happens every time? When sum1 doesnt get I94?

3. If I dont get I94, then wats d procedure? And how soon I need to leave country and come back with valid I94?

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Attorney answers 3


1. Either way, the gap will be an issue.
2. Any time you cannot prove continuous employment, the extension of stay (I-94) can be denied.
3. You leave the US, obtain an H-1B visa stamp, and reenter with that stamp.

Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.



Hi Thanks a lot for your prompt reply. 3 But how soon I need to leave country and come back with valid I94? 4 Also can I stamp visa in canada? Does it envolve any issues usually ordoes it get stamped easily?


I agree with Mr. Ferrari ... you have a 'gap' that can only be 'fixed' by leaving the US.

Do not talk to company HR people ... talk directly to the immigration lawyer that works with the company.

Again, do not talk to HR people .... unless they have a US law degree, they should not be giving out legal advice.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


I agree with my colleagues.

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